New York State Court of Claims

New York State Court of Claims

BLACK v. THE STATE OF NEW YORK, #2005-015-502, Claim No. 106284


Synopsis


Court awarded $28.00 plus recovery of filing fee after trial of personal property loss claim.

Case Information

UID:
2005-015-502
Claimant(s):
ALEX BLACK
Claimant short name:
BLACK
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106284
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Alex Black, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 27, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant commenced this action seeking $114.95 in damages alleged to be the current value of items of personal property which were lost on or before his arrival at Clinton Correctional Facility after being transferred from Upstate Correctional Facility. A trial was held on November 8, 2004 at Great Meadow Correctional Facility. The claimant testified at trial and credibly established that 3 pre-recorded cassette tapes having a total value of $28.00 were lost due to the defendant's negligence. The defendant did not sufficiently refute the claimant's allegations and at the conclusion of trial a bench decision for $28.00 was rendered on the record on behalf of the claimant. Due deliberation having been had it is

ORDERED that claimant shall recover from the defendant the sum of $28.00 with legal interest from February 20, 2002 to the date of this Decision and thereafter to entry of judgment. Pursuant to Court of Claims Act § 11-a claimant shall also recover the $45.00 filing fee paid to the Clerk at the commencement of the action.

Judgment shall be entered in accordance with this decision.



January 27, 2005
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims